LOUGHRY, Justice:
The petitioner, Gary L. Caudill ("Mr.Caudill"), appeals from the circuit court's March 12, 2012, order denying his motion to alter or amend the circuit court's previous order entered February 27, 2012, granting summary judgment in favor of the respondent, CSX Transportation, Inc. ("CSXT"). Mr. Caudill instituted this action under the Federal Employers' Liability Act ("FELA"), 45 U.S.C. § 51 et seq.,
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